Nation
SC notice to Justice Katju for criticising verdict
For the first time in its history, the Supreme Court on Monday issued notice to its former judge, Justice Markandey Katju, for claiming that the top court "grievously erred" in setting aside the death sentence of a Kerala man accused of rape and murder of a 23-year-old woman in 2011.
 
Katju made the comment to a Kerala TV channel and later put it up in his Facebook post.
 
Asking the office to register the Facebook post as a suo motu review petition of its September 15 verdict, the apex court bench of Justice Ranjan Gogoi, Justice Prafulla C. Pant and Justice Uday Umesh Lalit noted Justice Katju as saying that the "Supreme Court has grievously erred in law by not holding Govindaswamy guilty of murder."
 
Justice Katju in his Facebook post took a critical view of the top court setting aside the death sentence of Govindaswamy. He differed with the court, which reasoned that it has not been proven that the accused had intention to kill, and therefore he cannot be held guilty of murder.
 
Taking a contrary view, Justice Katju in his Facebook post said, "What the Court has overlooked is that Section 300 IPC, which defines murder, has 4 parts, and only the first part requires intention to kill."
 
He said, "If any of the other 3 parts are established, it will be murder even if there was no intention to kill. It is regrettable that the Court has not read Section 300 carefully."
 
Justice Katju also said, "The judgment needs to be reviewed in an open court hearing."
 
Saying that the views expressed by Justice Katju, a former judge of the top court, "needs to be treated with greatest of respect and consideration", the court requested Justice Katju to appear in person on November 11 at 1400 hours and "participate in the proceedings as to whether the judgment and order dated 15th September, 2016, passed by this Bench a suffers from any fundamental flaw so as to require exercise of the review jurisdiction."
 
The court order came on the conclusion of the hearing on Kerala government's plea seeking recall of September 15 verdict by which Govindaswamy's death sentence was set aside.
 
The top court on September 15 set aside the death sentence of the Kerala man accused of rape and murder of a 23-year-old woman in 2011, exonerating him of murder charges but said he would undergo life imprisonment for rape.
 
Govindaswamy had been convicted and sentenced to death by a trial court, and the sentence was confirmed by the Kerala High Court.
 
Govindaswamy had raped and murdered the woman when she was travelling by train from Ernakulam to Shornur on February 1, 2011, to attend her betrothal ceremony the following day.
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

User

COMMENTS

GLN Prasad

2 months ago

What about the rest, who criticized SC Judgment on Afzul Guru openly in Universities ?

22 killed in major fire in Odisha hospital
 At least 22 persons were killed and several injured after a major fire broke out in the Institute of Medical Sciences and SUM Hospital in Bhubaneswar on Monday evening.
 
While the government-run Capital Hospital's officials confirmed receiving 14 bodies, eight bodies were received by the AMRI Hospital in Bhubaneswar.
 
"A total 22 persons have died. While 14 have died in Capital Hospital, eight died in AMRI Hospitals," said Akhila Bihari Ota, Revenue Divisional Commissioner (Central).
 
Over 50 patients were rescued from the dialysis ward and the adjoining Intensive Care Unit, the officials said.
 
The rescued patients were shifted to All India Institute of Medical Sciences in Bhubaneswar and other hospitals, said Health Minister Atanu Sabyasachi Nayak.
 
Chief Minister Naveen Patnaik, who visited Capital hospital to oversee treatment of evacuated patients, ordered a Revenue Divisional Commissioner (RDC) level probe into the whole incident.
 
Expressing his grief over the incident, he said free treatment would be provided to the injured persons.
 
The Chief Minister also spoke with Prime Minister Narendra Modi and briefed about efforts towards treatment of injured.
 
Prime Minister Narendra Modi expressed deep anguish over the deaths in Odisha capital Bhubaneswar.
 
"Deeply anguished by the loss of lives in the hospital fire in Odisha. The tragedy is mind-numbing. My thoughts are with bereaved families," he tweeted.
 
Odisha Health Secretary Arti Ahuja said an inquiry committee has been constituted to inquire into the fire and whether the hospital authorities had taken safety measures or not.
 
The probe team comprises the Khurda Collector, Director of Medical Education and Training and the District Fire Officer, she added.
 
The cause of the fire is said to be an electrical short-circuit. The fire broke out in the intensive care unit (ICU) of dialysis ward of the hospital, said sources.
 
About seven fire tenders were pressed into service to douse the fire.
 
Fire Service Director General Binay Behera said fire personnel were engaged to control the fire and carry out rescue operation.
 
"Rescuing the patients and those present in the hospital is our priority. We are yet to assess the damage and ascertain the source of the fire," Behera said.
 
Modi said he spoke to Union Health Minister J.P. Nadda and asked him to facilitate transfer of all the injured to All India Institute of Medical Sciences in Bhubaneswar. "Hope the injured recover quickly," Modi said.
 
Nadda tweeted: "Deeply saddened by the fire incident in Institute of Medical Sciences and SUM Hospital, Bhubaneswar. My condolences rest with the bereaved families."
 
Talking to CNN News 18, Nadda said: "We have told the State Government that whatever help is required, will be extended by the Central Government. If there is any situation where the patients need our help we are ready for that too.
 
The government has set up a helpline number: 9439991226.
 
Union Petroleum minister Dharmendra Pradhan informed that he spoke to Odisha Health Minister and offered all possible help to deal with this tragic incident.
 
Meanwhile, SUM Hospital suspended three employees and formed an internal inquiry committee to probe the lapses.
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

User

Nifty, Sensex due for a bounce back – Monday closing report
We had mentioned in Friday’s closing report that Sensex, Nifty might try to attempt a weak rally. The major indices of the Indian stock markets suffered a correction on Monday and closed with losses of about 0.50%-0.75% over Friday’s close. Trading volumes on the NSE were however low. The trends of the major indices in the course of Monday’s trading are given in the table below:
 
 
Lower earnings guidance from IT (information technology) majors, along with heightened chances of a US rate hike and negative global crude oil prices dragged the Indian equity markets lower during the mid-afternoon trade session on Monday. Besides, broadly negative Asian markets, hike in petroleum product prices and an outflow of foreign funds during the entire last week eroded investors' confidence. The BSE market breadth was skewed in favour of the bears -- with 1,496 declines and 1,306 advances. On the NSE, there were 938 declines, 686 advances and 266 unchanged.
 
According to market analysts, IT, banking and pharma stocks traded lower on selling pressure. However, oil-gas, textile and aviation stocks traded firm on buying support, while media-entertainment, power and FMCG (fast moving consumer goods) stocks traded with mixed sentiments on short covering. 
 
The central parity rate of the Chinese yuan continued to weaken on Monday, hitting a six-year low against the US dollar. The yuan has now weakened against the dollar for nine trading days in a row, aside from a strengthening on Friday, as increased market expectations for an interest rate hike in the US have led to a stronger dollar. 
 
Indian consumer demand is currently seeing good growth in the ongoing festival season, as compared to 2015. "Riding on the back of an uptick in the economy and improving perception for better job prospects, coupled with steady lowering of interest rates, consumer demand is witnessing a marked growth of as much as 40% in the ongoing festival season this year, as compared to 2015," the Associated Chambers of Commerce and Industry of India said in a release. "Rural demand is adding to the festive fervour, as a good monsoon has boosted confidence among farmers and farm labour. However, as noted in an earlier Assocham survey, the demand for real estate and housing remains very low key," it said. The uptick in demand is seen clearly in the sale of automobiles, including passenger cars, two-wheelers, mobile handsets, consumer durables and fashion-wears. So far, the maximum push is seen in the eastern and western region while the northern region is expected to pick up in the run-up to Diwali," it added. These observations are favourable for aggregate demand and corporate earnings and are likely to push the major indices in the Indian stock markets upwards.
 
Mahindra & Mahindra (M&M) on Saturday said it would sell its BabyOye for Rs362.1 crore on a slump sale basis. "A business transfer agreement has been executed by and between Mahindra Retail Pvt Ltd (MRPL), a subsidiary of the company, BrainBees Solutions Private Ltd and founder of FirstCry to transfer the franchise division of MRPL (BabyOye) as a going concern on a slump sale basis to FirstCry," the company said in a filing to BSE. "The total lump sum consideration for the transfer of the business is Rs362.1 crore," the filing said. "In terms of the structure of the transaction, two companies have consolidated their operations, with Mahindra Retail selling its business to FirstCry, and operating all company stores under a FirstCry master franchise agreement," the company said in a statement. The Board of Directors of the two companies have already approved this strategic move. M & M shares closed at Rs1,317.00, down 2.95% on the BSE on Monday.
 
The top gainers and top losers of the major indices are given in the table below:
 
 
The closing values of the major Asian indices are given in the table below:
 

User

We are listening!

Solve the equation and enter in the Captcha field.
  Loading...
Close

To continue


Please
Sign Up or Sign In
with

Email
Close

To continue


Please
Sign Up or Sign In
with

Email

BUY NOW

The Scam
24 Year Of The Scam: The Perennial Bestseller, reads like a Thriller!
Moneylife Magazine
Fiercely independent and pro-consumer information on personal finance
Stockletters in 3 Flavours
Outstanding research that beats mutual funds year after year
MAS: Complete Online Financial Advisory
(Includes Moneylife Magazine and Lion Stockletter)